[WSBARP] Quiet Title - "Actual Possession" Where Possessor's Use Is Unlawful

[David Faber]

Thank you all. Yes, John, exactly! I, too, cannot recall the case. I'm
going to dig a bit deeper. A lot of great ideas floating around in this
thread, though. I have a few proverbial rounds for my bandolier with this
one, both in equity and in law. Love it!

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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On Mon, Oct 3, 2016 at 2:05 PM, John M. Riley III <JMR at witherspoonkelley.com
> wrote:

> There is a case.  Involves as I vaguely recall a use that violated the
> zoning code and was not a nonconfoming use.  Darn, I can't recall the case
> name yet.
>
>
>
> John Riley
>
>
>
> *John M. Riley III*
> Principal | Witherspoon • Kelley
> JMR at witherspoonkelley.com | vCard
> <http://www.witherspoonkelley.com/s/jmr.vcf>
>
> 422 W. Riverside Ave, Suite 1100
> Spokane, WA 99201
> (509) 624-5265 (office)
> (509) 458-2728 (fax)
> witherspoonkelley.com
>
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> *From:* wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.
> wsbarppt.com] *On Behalf Of *David Faber
> *Sent:* Friday, September 30, 2016 4:35 PM
> *To:* wsbarp
> *Subject:* [WSBARP] Quiet Title - "Actual Possession" Where Possessor's
> Use Is Unlawful
>
>
>
> PC has been threatened with a quiet title action by the owner of a
> vacant/unimproved lot neighboring PC's property. The neighbor has been
> using a portion of PC's property to dump garbage/junk/broken down
> vehicles/etc for decades. The issue I am wrestling with is whether a person
> can claim that they had "actual possession" of a disputed portion of
> property when their use of the property was technically unlawful (local
> zoning disallows use of vacant land as a junkyard, and neighbor is now
> being threatened by city with daily fines for violating solid waste
> disposal requirements)? I recall seeing a case that stood for the
> proposition that one cannot claim adverse possession through unlawful use,
> but I cannot seem to find that case. Does this ring a bell with anyone else
> or does anyone have any thoughts on this?
>
>
>
> Best,
>
> David J. Faber
>
> Faber Feinson PLLC
>
> 210 Polk Street, Suite 1
>
> Port Townsend, WA 98368
> (360) 379-4110
>
>
>
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